Category Archives: Claims

by | February 21, 2012 · 7:42 am

Hospitality Industry Property Risks: New York Hotel Electrical Panel Overheats Causing Black Smoke And Evacuation Of Guests

“..(the hotel)… will remain closed until an electrical inspection is completed at the hotel…the main electrical panel became too hot, causing black smoke but no fire…”

The Quality Inn, 10 W. Orvis St., and Dar’s Place, which is inside the hotel, were closed after firefighters responded early Monday to a report of smoke originating in the hotel’s electrical room. All power at the hotel was still off as of 5 p.m. Monday, although a generator was providing some lighting.

“It doesn’t look like we’re going to open tonight,” Mr. Stevens said at that time. “There’s still a lot of work to do. What they’re trying to do right now is get the heat turned on in the building.”

When asked if he expected the hotel to open up today, Mr. Stevens replied, “That will depend on what they do tomorrow. There’s a lot of work left to do to get the building up and running.”

Approximately 40 rooms had guests, all of whom were evacuated safely to Emmanuel Congregational United Church of Christ, 39 W. Orvis St. There, guests were served a breakfast courtesy of the church.

For more:  http://www.watertowndailytimes.com/article/20120221/NEWS07/702219855

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by | February 20, 2012 · 9:23 am

Hospitality Industry Property Risks: California Hotel Suffers Extensive Water Damage To 30 Rooms As "Cast Iron Pipe Connected To Fire Pump" Cracks; Seismic Shifting Possible Cause

“…(the hotel General Manager)…was in her office at 10:30 a.m. Thursday when she realized the carpet was “floating”…The source of the water was traced to a crack in a pipe that connects to a fire pump…a jackhammer was needed to reach the pipe, which is under cement…(the cause of the leak) is theorized (to be) seismic shifting, “not age, because it was cast iron…”

Santa Cruz Dream Inn, the city’s largest hotel, reopened about noon Friday after a 24-hour shutdown triggered by flooding on three floors that forced the hotel’s evacuation and relocation of 130 guests.

General manager Robin Donovan said Friday morning her staff has been working 24/7 to reopen the 163-room hotel. Because of the water damage, 30 rooms on the first three floors are “out of order,” she said.

Damages range from “light” to “extensive,” she added, estimating it would take 10 days up to three weeks to reopen those rooms. A dollar estimate was not available.

The hotel was empty Thursday night with guests relocated to other accommodations, including the Beach Street Inn & Suites, Chaminade, Holiday Inn Express and Scotts Valley Hilton.

For more:  http://www.mercurynews.com/breaking-news/ci_19988957

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by | February 12, 2012 · 8:33 am

Hospitality Industry Property Risks: North Dakota Hotel Water Pipe Breaks Flooding Entire Hotel; All 40 Guest Rooms Evacuated

“The water pressure actually broke a wall down….They had to evacuate all 40-some rooms that night.”

Late in the night on Jan. 22, a water pipe on the north side of Candlewood Suites burst, causing the hotel to close until further notice.

According to WooMi Phillips, assistant professor and head of the hospitality and tourism management department at NDSU, the water damage began somewhere in the third floor ceiling.

Candlewood Suites, although located on the north side of NDSU’s main campus just west of the Fargodome, is not technically not part of the university. However, the hotel caters to various departments on campus, offers a discounted rate to families of students and even houses a lounge and classroom for the hospitality and tourism management students.

“Initially, we were concerned about the laptops and the computers and printer in the lounge,” Phillips said.

Nichole Ascheman, operations manager at Candlewood Suites and former NDSU student, contacted assistant professor Dipra Jha about the situation early Monday, Jan. 23. Jha taught three hospitality classes in Candlewood Suites.

For more:  http://www.ndsuspectrum.com/news/water-damage-drowns-hotel-1.2773145

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by | February 8, 2012 · 7:36 am

Hospitality Industry Health Risks: Texas Hotel Sued Over "Toxic Mold" In Room That Sickened Guest

“…the defendants “knew or should have known that the dangerous condition, toxic mold, existed on said premises, but failed to warn and/or failed to correct the said dangerous condition…the toxic mold caused the plaintiff’s personal injuries and property damage in question,” the suit says…”

Friendswood resident Stacy Johnson is suing Park Management Group and Sun Suites Interests alleging she was sickened by toxic mold in a hotel room.

Johnson’s lawsuit, filed Feb. 1 in Galveston County Court at Law No. 1, alleges the plaintiff fell ill on Aug. 3, 2010, as a result of toxic mold found in a room at Sun Suites of Clear Lake in Houston.

Park Management Group was responsible for the safety and habitable state of the rooms at the property in question while Sun Suites Interests owned said property, the suit says.

The original petition shows subsequent tests confirmed that the mold was in Johnson’s room and it was recommended that she not stay in the room.

For more:  http://www.setexasrecord.com/news/241622-woman-sues-hotel-claiming-toxic-mold-made-her-sick

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by | February 5, 2012 · 6:32 am

Hospitality Industry Property Risks: Florida Hotel Suffers Major Water Damage As Fire Sprinklers Are Accidently Activated, Flooding First And Second Floors

 “…A guest in a room knocked off a sprinkler, accidentally setting off the fire extinguishers. The knock-off of the sprinkler was itself accidental…The third floor was not affected. But water damaged the second floor, and seeped down to the first, damaging that floor as well. About three or four dozen guests were evacuated…”

Palm Coast’s Holiday Inn Express, a three-story, 81-room hotel, was evacuated this afternoon when sprinklers went off on the second floor. The Palm Coast Fire Department and the county’s fire rescue department responded in force, but there was no fire. A guest in a room knocked off a sprinkler, accidentally setting off the fire extinguishers. The knock-off of the sprinkler was itself accidental. No one was injured.

The third floor was not affected. But water damaged the second floor, and seeped down to the first, damaging that floor as well. About three or four dozen guests were evacuated. They were invited to register at the Hampton Inn and Suites, just 50 yards away. The Hampton Inn and the Holiday Inn Express are owned by the same concern. The Hampton Inn’s lobby at mid-afternoon was teeming with people registering at the front desk and waiting in the lobby-dining area, as firefighters remained at the Holiday Inn.

The Holiday Inn is expected to be off limits to guests for about 24 hours as a company is brought in to dry the two floors affected, authorities at the scene said. Although the third floor is not affected, the hotel’s elevator has been shut down because of water leakage. Hotel officials would not comment.

For more:  http://flaglerlive.com/33914/holiday-inn-evacuated/comment-page-1

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by | February 4, 2012 · 6:49 am

Hospitality Industry Legal Risks: Appeals Court Allows "Facebook Photos" As Evidence In Denying Man's Claim For Additional Compensation In Workers' Compensation Claim

“…the appeals court agreed with previous rulings, which denied a request for additional treatment after diagnostic tests showed “no recurrent hernia and surgery to explore the scrotum” and saw no abuse by the courts in allowing the photos…In denying Clement’s request for additional compensation and treatment, the court ruled in favor of the use of Facebook photos as a evidence…”

An appeals court  has ruled that photos on Facebook and Myspace of a man “drinking and partying” can be used as evidence to deny him further workers compensation claims.

At the center of the suit is  Zackery Clement, who suffered a hernia  March 12, 2009 after a refrigerator fell on him while on the job at Johnson’s Warehouse Showroom in Pine Bluff,  Ark.  Clement, who was compensated for medical expenses and received temporary total-disability benefits for more than a year, was seeking an extension of benefits following three surgeries as a result of the injury.

An administrative law judge and the Arkansas Compensation Commission denied Clement’s application for additional benefits, and Clement, 27, was hoping the Arkansas Court of Appeals would reverse the ruling. He argued that he needed further medical treatment and disability payments because of “excruciating pain.”

For more:  http://abcnews.go.com/blogs/business/2012/02/court-okays-facebook-party-photos-in-workers-comp-claim/

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by | February 2, 2012 · 6:46 am

Hospitality Industry Legal Risks: Texas Hotel Employee Files "Trip-And-Fall Lawsuit" For Negligence In "Failing To Secure Floor Covering During Construction"

 “…Gonzales was working at the Holiday Inn on Walden Road when she tripped over a loose floor covering placed in the area where ISC was contracted to perform repair work…Gonzales is suing for her past and future mental anguish, pain, medical expenses and lost wages, plus exemplary damages…”

A trip-and-fall lawsuit, which was slated to be tried in December, will now be tried in May. Holiday Inn employee Carol Gonzales filed suit against Insurance Services Construction on Oct. 20, 2010, in Jefferson County District Court, alleging the company negligently failed to securely fasten a floor covering while performing work at the hotel.

International Catastrophe Solutions was later added as a defendant, court papers say. On June 22 Gonzales filed a motion for continuance, asking that the case be continued “for a couple of months based on the fact that ICS has still not” officially answered the suit, the motion states.

A hearing on the matter was held Aug. 22. Judge Bob Wortham, 58th District Court, decided to take no action on the motion. However, on Nov. 16 an amended discovery control plan order was entered in the case, bumping the case from the court’s December docket to the May.

For more:  http://www.setexasrecord.com/news/241507-trip–fall-trial-bumped-to-may

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by | February 1, 2012 · 6:41 am

Hospitality Industry Health Risks: Death Of West Virginia Hotel Guest On Fifth Floor From "Carbon Monixide Poisoning" Stresses Need For Carbon Monoxide Detectors

“…Firefighters reported high levels of carbon monoxide in the building, and the remaining guests and employees were evacuated. The gas filtered up to the fifth floor from a pool heater on the ground floor…”

The death of one man and grave condition of another has South Charleston City Council members thinking of requiring hotels to install carbon monoxide detectors. Mayor Frank Mullens was still gathering information Tuesday evening from city fire and police officers at the Holiday Inn Express along Corridor G.

A construction worker was found dead in his hotel room Tuesday morning when other members of his crew went to wake him. The man’s roommate was unresponsive and was taken to Charleston Area Medical Center’s General Hospital, where he was in critical condition Tuesday evening.

Two others were taken from the hotel to St. Francis Hospital.

Mullens said he never had heard of anything like it.

“From what I gather right now, we’re looking at a tragic accident,” the mayor said. “I’m just speechless. I’ve never heard of anything like this happening before in my life.”

The hotel, which opened in July 1999, had no carbon monoxide detectors, according to South Charleston Fire Chief Greg Petry.

State law requires all homes with gas appliances built after 1998 to have carbon monoxide detectors, but there is no such requirement for hotels. Petry said he didn’t know of a single hotel in the area with such detectors.

Mullens said the city follows state building code but the one regarding carbon monoxide detectors only in homes didn’t make any sense.

For more:  http://www.dailymail.com/News/Kanawha/201201310236

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by | January 31, 2012 · 1:35 am

Hospitality Industry Health Risks: Nevada Hotel Sued For "Negligence" By Guests Claiming To Have Contracted "Legionnaires' Disease" From Water System

Eight guests sued in August, seeking $337.5 million in damages from the resort and its builders. An MGM Resorts spokesman at the time denied negligence, saying hotel officials carefully communicated with its guests and reimbursed them fairly for legitimate medical expenses. The case is still pending in federal court in Las Vegas.

The bacteria that causes Legionellosis – or Legionnaires’ disease – was found in water samples at the Luxor hotel-casino this month after a guest died of the form of pneumonia, health officials in Las Vegas said Monday.

The Southern Nevada Health District said the Centers for Disease Control and Prevention national surveillance program reported three cases in the past year of Luxor guests being diagnosed with the disease caused by Legionella bacteria.

The Las Vegas Strip resort’s water was tested after the first two cases were reported during the spring of last year, but no Legionella bacteria was detected, district officials said. Those guests recovered.

Officials say the Luxor, owned by MGM Resorts International, immediately began a remediation process once the bacteria was found.

MGM Resorts spokesman Gordon Absher said treatment procedures include superheating and super-chlorination of the water system.

For more:  http://www.thirdage.com/news/legionellosis-found-in-luxor-hotel-water-samples-in-nevada_01-30-2012

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by | January 30, 2012 · 9:07 am

Hospitality Industry Legal Risks: Hotel Owners And Management Will Face Numerous Compliance And Regulatory Issues In 2012

“The biggest issue hotel managers face in the coming year vis-à-vis the law is compliance with the myriad applicable statutes, rules and duties owed…”

A hotel faces potential legal consequences for all of the following:

  • negligence in the maintenance of its premises
  • failure to comply with the Fair Labor Standards Act (minimum pay, overtime pay, equal pay, child labor)
  • discrimination against employees based on minority status
  • denial of services to guests perceived as illegal discrimination
  • contending with internet reviews, disagreements with a franchisor
  • overstepping bounds with unions
  • misapplying tip pools
  • eradicating bed bugs and other pests
  • dram shop violations
  • food issues
  • security concerns
  • insufficient insurance
  • trademark and copyright violations
  • securing and maintaining necessary business licenses
  • tax obligations
  • sanitation issues in spas
  • contract disagreements with suppliers
  • guests’ rights to privacy
  • SEC mandates
  • Managing employees to ensure compliance with all of the above, and much more.

For more:  http://www.hospitalitynet.org/news/154000320/4054640.html

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